Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020

JurisdictionUK Non-devolved
Citation2020 c. 20
Year2020
(a) end rights to free movement of persons under retained EU law, including by repealing the main provisions of retained EU law relating to free movement, and(b) end other EU-derived rights, and repeal other retained EU law, relating to immigration.(1) The Immigration Act 1971 is amended as follows.(2) After section 3 insert—
    (3ZA) Irish citizens
  • “(1) An Irish citizen does not require leave to enter or remain in the United Kingdom, unless subsection (2) , (3) or (4) applies to that citizen.
  • (2) This subsection applies to an Irish citizen if the Irish citizen is subject to a deportation order made under section 5(1) .
  • (3) This subsection applies to an Irish citizen if—
  • (a) the Secretary of State has issued directions for the Irish citizen not to be given entry to the United Kingdom on the ground that the Irish citizen's exclusion is conducive to the public good,
  • (b) the Secretary of State has given the Irish citizen notice of the directions, and
  • (c) the directions have not been withdrawn.
An Irish citizen does not require leave to enter or remain in the United Kingdom, unless subsection (2) , (3) or (4) applies to that citizen.This subsection applies to an Irish citizen if the Irish citizen is subject to a deportation order made under section 5(1) .the Secretary of State has issued directions for the Irish citizen not to be given entry to the United Kingdom on the ground that the Irish citizen's exclusion is conducive to the public good,the Secretary of State has given the Irish citizen notice of the directions, andthe directions have not been withdrawn.This subsection applies to an Irish citizen if the Irish citizen is an excluded person for the purposes of section 8B (persons excluded under certain instruments) .Where subsection (2) , (3) or (4) applies to an Irish citizen, section 1(3) does not permit the Irish citizen to enter the United Kingdom without leave on arriving in the United Kingdom on a local journey from any place in the common travel area.in subsection (2) , in the closing words, after “British citizens” insert “ or Irish citizens ”;in subsection (4) , in the opening words, after “British citizen” insert “ or an Irish citizen ”.in paragraph 1, in sub-paragraphs (1) and (2) , after “British citizen” insert “ or an Irish citizen ”;in paragraph 4, after “British citizen” insert “ or an Irish citizen ”.(1) The Secretary of State must review, or arrange for a review of, the ways in which protection claimants who are in a member State are able to enter the United Kingdom lawfully.has made an application for international protection to a member State, oris not a national of a member State and is seeking to come to the United Kingdom from a member State for the purpose of making a protection claim.consider the position of unaccompanied children in member States who are protection claimants and are seeking to come to the United Kingdom to join relatives there, andinclude a public consultation on that aspect of the review.(4) The Secretary of State must, within the period of three months beginning with the day on which this Act is passed, lay before Parliament a statement providing further details about the review under subsection (1) and, in particular, about the aspect of the review described in subsection (3) .prepare a report on the outcome of the review or arrange for such a report to be prepared, andpublish the report and lay it before Parliament.(6) In this section—
  • application for international protection” has the meaning given by Article 2(h) of Directive 2011/95/EU of the European Parliament and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted;
  • protection claim” has the same meaning as in Part 5 of the Nationality, Immigration and Asylum Act 2002 (see section 82(2) of that Act) ;
  • relative”, in relation to an unaccompanied child, means a parent, grandparent, uncle, aunt, brother or sister of the child;
  • unaccompanied child” means a person under the age of 18 (“the child”) who is not in the care of a person who—
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